If you are falsely accused of domestic assault and served with an Emergency Protection Order (EPO) in Alberta, you must strictly obey the no-contact rules and defend yourself at the mandatory King’s Bench Review. Submitting strong evidence via a sworn Affidavit is critical to protecting your reputation and parenting time. The court fee to file your defence is $0 CAD.
Going through a high-conflict divorce is emotionally draining, but the situation can quickly turn into a nightmare if your ex-partner fabricates allegations of domestic violence. Unfortunately, in the heat of a bitter separation, some individuals attempt to weaponize the legal system. By making false claims of abuse to obtain an Emergency Protection Order (EPO), an angry spouse might try to force you out of the family home, gain an upper hand in financial negotiations, or severe your access to your children.
Being served with an EPO based on lies can induce panic, but you must remain calm. 🚫 An EPO is initially granted “ex parte,” meaning the judge only heard your ex-partner’s side of the story before issuing the order. You have not been convicted of a crime, and you have a strict legal right to defend yourself. In Alberta, the law guarantees you a mandatory review hearing at the Court of King’s Bench shortly after the order is served. This guide outlines the vital steps you must take to defend your reputation, your freedom, and your parenting time against false domestic assault allegations.
Step-by-Step Process in Alberta
Whether you are navigating the courts in Calgary, Edmonton, or Medicine Hat, your response to a false EPO must be strategic and entirely lawful. Attempting to fix the situation yourself will almost certainly make it worse. Here is the step-by-step process most applicants must follow to successfully cancel a false protection order.
Step 1: Obey the Order Completely
Your absolute first priority is flawless compliance. 👮 Even if the EPO is based entirely on lies, it is a valid, binding legal command from a judge the second the police hand it to you. You must immediately leave the family home if ordered, surrender any firearms, and cease all communication with the claimant. Sending an angry text message or calling to ask “Why are you lying?” is a criminal breach of a court order, which will result in your immediate arrest and give them the evidence they need.
Step 2: Request the Hearing Transcripts
To defend against false allegations, you need to know exactly what lies were told. Your law firm will immediately request the audio recording or written transcript of the initial ex parte hearing. By meticulously reviewing what your ex-partner swore under oath, your lawyer can identify inconsistencies, timeline errors, or blatant fabrications that can be weaponized against their credibility in court.
Step 3: Prepare a Strong Defence Affidavit
You cannot just show up to court and verbally argue that your ex is lying; you need documented proof. 📄 Your lawyer will help you draft a sworn Affidavit. This legal document will present your factual version of events. You should attach hard evidence to this Affidavit, such as text messages showing an amicable relationship, emails threatening to “ruin you” if you don’t agree to their spousal support demands, or statements from neutral witnesses who were present during the alleged incident.
Step 4: Attend the King’s Bench Review
Within nine working days of the EPO being granted, you must attend the mandatory review hearing at the Court of King’s Bench. A judge will review the original transcript and your newly filed Affidavit. Your lawyer will argue that the criteria for family violence and “immediate danger” have not been met. If the judge agrees that the evidence is weak or fabricated, they will revoke (cancel) the EPO entirely, restoring your rights to access your home and children.
How Much Does it Cost in Alberta?
Defending against false allegations is an emergency legal procedure that requires urgent work from a law firm, which unfortunately means incurring significant costs. However, there are no government fees to file your defence documents. Here is an overview of the typical legal expenses in Canadian dollars (CAD):
- Court Filing Fees: Filing an Affidavit in response to an EPO at the Court of King’s Bench costs $0 CAD.
- Transcripts: Ordering the audio recording or expedited written transcript of the initial hearing typically costs between $50 and $200 CAD.
- Law Firm Fees: Retaining a lawyer to review the evidence, draft your Affidavit, and represent you at the initial King’s Bench Review generally ranges from $2,500 to $7,500+ CAD, depending on the complexity of the case.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Court Filing Fee | $0 |
| Hearing Transcripts | $50 – $200 |
| Legal Representation (Review Hearing) | $2,500 – $7,500+ |
How Long Does the Process Take?
Because an EPO heavily restricts your civil liberties, the legal system moves exceptionally fast to review it. ⌛ By Alberta law, the King’s Bench Review must be scheduled within 9 working days of the EPO being granted. If the judge at this review cannot make a clear decision based on the written affidavits alone, they may temporarily extend the order and schedule a full oral hearing where witnesses can be cross-examined. Securing a date for a full trial in busy jurisdictions can take an additional 2 to 4 months.
Frequently Asked Questions (FAQ)
Can I sue my ex for lying to get the EPO?
If you can definitively prove that the EPO was obtained maliciously and based on perjury, your lawyer can ask the judge to award “costs” at the King’s Bench Review. This means the judge may order your ex-partner to reimburse you for the lawyer fees you spent defending yourself. Separate civil lawsuits for defamation are theoretically possible but very expensive and difficult to win in family law disputes.
Will this false EPO give me a criminal record?
No. An EPO is a civil order made under family law, not a criminal conviction. Having an EPO issued against you does not give you a criminal record. However, if you disobey the terms of the EPO, you will be arrested and charged criminally, which will result in a permanent record.
How does a false EPO affect my parenting time?
A false EPO can severely disrupt parenting time. Most EPOs include a no-contact order that prevents you from communicating with the other parent, making standard child exchanges impossible without third-party intervention. If the children are listed on the order, you will have no access to them until the judge revokes the EPO.
Should I contact a mutual friend to explain my side of the story?
No. Do not use third parties to pass messages to your ex-partner, as this is considered a “third-party breach” of the no-contact order. You must only communicate through your law firm until the order is officially dropped by the Court of King’s Bench.
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